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Monday, November 12, 2012

PLO's Position Paper on "Palestine’s Status at the UN"

The
Palestine Liberation Organization, the sole legitimate representative
of the Palestinian people, seeks to enhance Palestine’s status to
that of an Observer State, as a significant step towards fulfilling
the Palestinian people’s natural, historical, and legal rights to
self- determination and independence. This step is a continuation of
the standing Palestinian application for membership at the United
Nations, which was lodged on 23 September 2011.

Together
with the international community, Palestine believes that the status
quo of political deadlock, while occupation, colonization and
apartheid policies become further entrenched, is neither acceptable
nor sustainable. The Palestinian initiative intends to protect the
prospects of peace and accelerate its realization. This step
reaffirms and protects the internationally-endorsed two-state
solution. It is anchored in relevant United Nations resolutions,
including General Assembly resolutions 181 and 194, and international
law.

According
to international law, self-determination is a universally recognized
inalienable right that is not subject to negotiation. Independence
has never been a final status issue and statehood has never been
negotiated bilaterally. The right of peoples to self-determination is
non- negotiable and the Palestinian people will thus never negotiate
this right or subject it to Israel’s whims. Enhancing Palestine’s
status at the UN is a step towards justice and will be an affirmation
of the international community’s commitment to the universal values
of human rights, as embodied in the United Nations Charter.

There
is no doubt that the continued Israeli occupation of Palestine is
illegitimate and constitutes a grave violation of the Palestinian
people's most basic rights. Recognition and enhanced status at the
United Nations will reinforce this legal fact and reaffirm the rights
of the Palestinian people to seek their independence and freedom, so
that they may one day live in peace and security — the same desires
shared by all peoples of our region and the world.

The
Palestinian initiative seeks to end occupation and realize the
establishment of the State of Palestine; it does not seek to
delegitimize or isolate Israel. Rather, this step seeks to
delegitimize the policies of occupation and colonization and to
overcome the paralysis in the international community, especially
with regard to ending Israel’s impunity and compelling its
compliance with international law.

The
Palestinian step is consistent with the formal Palestinian
recognition of Israel in 1993, and consistent with the
internationally endorsed goal of the peace process — two States
living side by side in peace and security on the basis of the
pre-1967 borders --- which necessarily requires an independent State
of Palestine. Therefore, recognition is necessary to achieve the
ultimate objective of the two-state solution and expedite its
realization at a time when Israel is incessantly and recklessly
undermining that solution and the prospects for achieving a just
peace.

The
right of the Palestinians to a State has been awaiting implementation
for over sixty years. It is consistent with the long-standing
historic international covenant with Palestine enshrined in
Resolution 181 (II). Moreover, the International Court of Justice
Advisory Opinion on the Wall (2004) asserted that the Palestinian
right to self-determination is a right erga omnes, i.e. the concern
of all states. The international community therefore has a moral and
legal obligation to help fulfill this right. Currently, 132 countries
recognize the State of Palestine on the pre-1967 borders. The PLO
calls on all countries that have not yet done so yet to recognize
Palestine on these borders and invest in peace.

Finally,
the Palestinian initiative at the United Nations does not contradict,
nor is it a substitute for, negotiations. These are parallel paths
that complement one another. Enhancing Palestine's status at the
United Nations to Observer State will establish the right framework
for negotiations and reaffirm the internationally-agreed upon terms
of reference and end game of a credible political process, to which
we remain committed.

In
undertaking this initiative, Palestine asks the world to reaffirm
that the Palestinians are not the exception to the international
rule; that they will not be punished for pursuing a peaceful,
political and diplomatic initiative on the basis of international
law. In resorting to the United Nations General Assembly where 193
members are represented, Palestine is undertaking a multilateral step
par excellence. We invite the international community to lend us its
support and, in so doing, undertake a practical and long overdue step
towards reaffirming the illegitimacy of Israeli occupation and the
urgency of realizing the two-State solution. It is time.